You must Sign In to post a response.
  • Category: Miscellaneous

    Can the police be prosecuted for wrong confinement ?

    In many of the on going television serials the police act on the tip from the enemies of a person and arrest him instantly without giving a chance to say his defense. They over power him and drag through the street totally getting humiliated for no fault. Even the relatives who try to prove his innocence are not heard. Ultimately he was kept in lock up and then produced in the court to be proved innocent. Is there any provision in the law to prosecute police for wrong confinement and defaming in public without evidence.
  • #745435
    Yes there area sometimes an innocent person is caught by the police. However hard he tries to prove his innocence, he cannot be released from the confinement. They are the supreme boss and they can exercise their power at anytime even if the situation does not warrant the same. There could be rescue only if you have a contact with an influential politician to defend you.
    The best way to save yourself from their illegal confinement would be to make a bargain with them in terms of money which you are going to shell out in such a situation. May be it would prove an unnecessary tax for you, but there is no way out for you.

  • #745446
    It is very difficult to prosecute the police without the help of the public who have witnessed the event and protest together as a group against wrong confinement of a person. The police would manipulate and book a person quoting many CPC acts and justify their action. An ordinary citizen should have money or political support to come out of the police station.
    No life without Sun

  • #745463
    I agree with the author to some extend. If I talk about my knowledge, then every person has the right to writ under the Fundamental Rights found in the Constitution and under this, the police cannot keep any person imprisoned in this way without any reason. What is shown in TV serials and films is related to some extent to the reality of the society, but the main reason for this is the corrupt officials appointed in high positions who take the wrong advantage of their power. Laws are made every time to protect the public and innocent people, but sometimes people remain unaware, and sometimes they are suppressed.

  • #745490
    Yes. The individuals can file a complaint against police also if they humiliate the individual unnecessarily. But no individual dare to do that. Because the police can try and show some reason or other reason and try to trouble the person.
    We hear in some cases the courts warning the police for their misconduct and in some cases, punishment like suspension or demotion is also awarded by the courts to the erring officials. But it is very rare. Anyhow what we see in the TV serials will be an exaggerated version of normal happenings. So we need not compare those incidents with what is really happening on the ground.
    Definitely, police will have an upper hand in our society and we should respect them and see that they will discharge their duties properly. Like all other government departments, there is corruption in police department also.

    always confident

  • #745623
    It is often read and heard that an accused of any heinous crime having faced the trial for 10 years or 20 years was acquitted as innocent by the court. His youth age was wasted behind the bars for many years. His whole life became hell. Police personnel who destroyed his life are not punished. It is practically observed in society. However, we have laws that protect the rights of every citizen of the country and assure the victim to punish the responsible police personnel if they appeal to the court for justice but generally common people don't dare to go against the police.

    If the matter is not politically motivated /indicated then the victim or his family may meet senior officers for justice.

  • Sign In to post your comments